MISDEMEANOR

Misdemeanors in Florida are handled in County Court by a County Court judge. Where felonies are heard in Circuit Court and must be presided over by a Circuit Court judge. Since misdemeanors are criminal offenses, it is important to choose an experienced criminal lawyer to consult to discuss all of your options. Many people new to the criminal justice system do not fully understand how serious being charged with a misdemeanor offense can be. They are so conditioned into hearing the term felony that they often take too lightly the ramifications of facing a misdemeanor offense. It is important to remember that even though a misdemeanor is not as serious as a felony offense, it is still nevertheless a criminal charge. Unlike civil infractions or most local ordinance violations, misdemeanors can carry jail time. Misdemeanors in Florida are broken down into two distinct categories. A first degree misdemeanor which is punishable by up to one year in the County jail and up to a $1,000.00 fine and a second degree misdemeanor which is punishable by up to sixty days in the County jail and up to a $500.00 fine. Unlike Circuit Court Judges who must wrestle with mandatory sentencing ranges dictated by Florida’s Criminal Punishment Code, County Court Judges have broad discretion in sentencing matters. Because there are no Florida misdemeanor sentencing guidelines, the sentencing judge has the latitude to impose the minimum penalty up to the maximum penalty in every misdemeanor case that comes before him or her. Some misdemeanors can carry the same licensing or employment ramifications as felonies. Convictions of offenses can often be the basis for the denial of licensing or employment. In the alternative, they can form the basis of termination from employment. Being convicted of these types of misdemeanor offenses could also cast doubt on your credibility in the future. By statute, a conviction for some misdemeanor offenses will result in the immediate and automatic suspension by DHSMV of your privilege to drive for a two-year period. A conviction for some misdemeanor offenses can result in you forever being banned by Federal law from owning, using, or possessing a firearm. It could also form the basis of a revocation of licensure of your concealed weapon permit. Misdemeanor Offenses in Florida, including the following: